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(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": "801 F.2d 356, 360",
"parenthetical": "holding that defendant was not entitled to the similitude instruction under SS 472 where facts indicated an overt attempt to pass an altered Federal Reserve note",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "479 F.2d 661, 664",
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "434 F.2d 827, 829",
"parenthetical": "holding that one-sided photocopies of bills on pinkish paper did not sufficiently resemble actual currency to justify a SS 472 conviction",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (holding that... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that one-sided bogus bills with indistinct reverse duplicates of real bills were not counterfeit as a matter of law",
"sentence": "See also United States v. Smith, 318 F.2d 94 (4th Cir.1963) (holding that one-sided bogus bills with indistinct... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": "806 F.2d 1463, 1470",
"parenthetical": "holding that the district judge properly submitted to the jury the question of whether uncut bills were counterfeit under SS 471",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (holding that the di... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "801 F.2d 356, 360",
"parenthetical": "holding that defendant was not entitled to the similitude instruction under SS 472 where facts indicated an overt attempt to pass an altered Federal Reserve note",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "479 F.2d 661, 664",
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": "434 F.2d 827, 829",
"parenthetical": "holding that one-sided photocopies of bills on pinkish paper did not sufficiently resemble actual currency to justify a SS 472 conviction",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (holding that... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that one-sided bogus bills with indistinct reverse duplicates of real bills were not counterfeit as a matter of law",
"sentence": "See also United States v. Smith, 318 F.2d 94 (4th Cir.1963) (holding that one-sided bogus bills with indistinct... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "806 F.2d 1463, 1470",
"parenthetical": "holding that the district judge properly submitted to the jury the question of whether uncut bills were counterfeit under SS 471",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (holding that the di... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "801 F.2d 356, 360",
"parenthetical": "holding that defendant was not entitled to the similitude instruction under SS 472 where facts indicated an overt attempt to pass an altered Federal Reserve note",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": "479 F.2d 661, 664",
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | {
"signal": "see",
"identifier": null,
"parenthetical": "holding that bogus bills lacking serial numbers and a treasury seal sufficiently resembled real currency under SS 474 to submit to the jury the counterfeit issue",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (hol... | 11,642,032 | a |
(Emphasis added). Harrod argues that "similitude" includes only items that "bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when... | {
"signal": "see",
"identifier": "434 F.2d 827, 829",
"parenthetical": "holding that one-sided photocopies of bills on pinkish paper did not sufficiently resemble actual currency to justify a SS 472 conviction",
"sentence": "See, e.g., United States v. Cantwell, 806 F.2d 1463, 1470 (10th Cir.1986) (holding that... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "upholding conviction under 18 U.S.C. SS 264 for possession of one-sided copies of bills and various counterfeiting equipment",
"sentence": "United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possessi... | 11,642,032 | b |
It remains unclear, however, exactly what Mr. Watrous asserts as the "personal interest" at stake for the other alleged co-conspirators. Some courts have found that personal bias, by itself, is not the same as having a personal interest. | {
"signal": "see also",
"identifier": "1999 WL 151702, *2",
"parenthetical": "\"Although the complaint includes an allegation that Rodriguez-Torres wanted to 'get rid of plaintiff, personal bias does not constitute personal interest and is not sufficient to defeat the intracorporate conspiracy doctrine.\"",
"se... | {
"signal": "see",
"identifier": "954 F.Supp. 717, 723",
"parenthetical": "\"[P]ersonal bias is not the sort of personal interest that takes a defendant out of the intraenterprise conspiracy doctrine where, as here, the action complained of arguably served a legitimate interest of Nyack Hospital.\"",
"sentence"... | 3,811,435 | b |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | {
"signal": "cf.",
"identifier": "540 U.S. 373, 373",
"parenthetical": "determining that the large amount of money and drugs in the car made it \"reasonable for the officer to infer a common [criminal] enterprise among the three [occupants of the car]\"",
"sentence": "See State v. Chapman, 921 P.2d 446, 453 (Ut... | 8,378,023 | a |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "determining that the large amount of money and drugs in the car made it \"reasonable for the officer to infer a common [criminal] enterprise among the three [occupants of the car]\"",
"sentence": "See State v. Chapman, 921 P.2d 446, 453 (Utah 1996) (deter... | 8,378,023 | a |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "cf.",
"identifier": "332 U.S. 581, 593-94",
"parenthetical": "stating that where police officers have no evidence or information implicating a suspect, \"mere presence\" in the car does not give officers probable cause to believe that a suspect was involved in a crime",
"sentence": "See State v. Ch... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | 8,378,023 | b |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that where police officers have no evidence or information implicating a suspect, \"mere presence\" in the car does not give officers probable cause to believe that a suspect was involved in a crime",
"sentence": "See State v. Chapman, 921 P.2d 44... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | 8,378,023 | b |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that where police officers have no evidence or information implicating a suspect, \"mere presence\" in the car does not give officers probable cause to believe that a suspect was involved in a crime",
"sentence": "See State v. Chapman, 921 P.2d 44... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | 8,378,023 | b |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | {
"signal": "cf.",
"identifier": "2002 UT 125, ¶ 62",
"parenthetical": "stating that where police officers have no evidence or information implicating a suspect, \"mere presence\" in the car does not give officers probable cause to believe that a suspect was involved in a crime",
"sentence": "See State v. Chapm... | 8,378,023 | a |
At the time Officer Robertson requested a K-9 unit, the officers had seen only one knife in a passenger's possession (and not in Baker's possession). While it was the early morning hours, and there were four passengers in the car, nothing in the officers' testimony indicates any particularized suspicion involving crimi... | {
"signal": "see",
"identifier": "921 P.2d 446, 453",
"parenthetical": "determining that continued detention of the defendant was impermissible when \"[bly the officers' own testimony, no independent facts surrounding the encounter with [the defendant] created suspicion that he was involved in any illegal activit... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "stating that where police officers have no evidence or information implicating a suspect, \"mere presence\" in the car does not give officers probable cause to believe that a suspect was involved in a crime",
"sentence": "See State v. Chapman, 921 P.2d 44... | 8,378,023 | a |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see",
"identifier": "413 F.3d 1033, 1033",
"parenthetical": "finding no \"suggestion] of any legislative intent to require exhaustion of the FIFRA remedy before seeking relief under the ESA\"",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent... | {
"signal": "see also",
"identifier": "530 U.S. 112, 112",
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the... | 4,232,278 | a |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see",
"identifier": "413 F.3d 1033, 1033",
"parenthetical": "finding no \"suggestion] of any legislative intent to require exhaustion of the FIFRA remedy before seeking relief under the ESA\"",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy b... | 4,232,278 | a |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see also",
"identifier": "530 U.S. 112, 112",
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the... | {
"signal": "see",
"identifier": null,
"parenthetical": "plaintiff suing under ESA citizen suit provision was not required to go through \"administrative adjudication process\"",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of th... | 4,232,278 | b |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy b... | {
"signal": "see",
"identifier": null,
"parenthetical": "plaintiff suing under ESA citizen suit provision was not required to go through \"administrative adjudication process\"",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of th... | 4,232,278 | b |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see",
"identifier": "20 F.Supp.2d 1091, 1091",
"parenthetical": "stating that \"exhaustion of administrative remedies is not a mandatory precondition to filing suit for a violation of the ESA\" (emphasis added",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any ... | {
"signal": "see also",
"identifier": "530 U.S. 112, 112",
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the... | 4,232,278 | a |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy b... | {
"signal": "see",
"identifier": "20 F.Supp.2d 1091, 1091",
"parenthetical": "stating that \"exhaustion of administrative remedies is not a mandatory precondition to filing suit for a violation of the ESA\" (emphasis added",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any ... | 4,232,278 | b |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see",
"identifier": "924 F.Supp. 987, 987",
"parenthetical": "60-day notice in ESA citizen suit provision excuses plaintiffs from having to exhaust administrative remedies prescribed in agency's regulations",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any leg... | {
"signal": "see also",
"identifier": "530 U.S. 112, 112",
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the... | 4,232,278 | a |
See Pis.' Reply & Opp'n [ECF 41] ("AFRC MSJ Reply") 1, 7. AFRC cites four decisions from courts outside this circuit for the proposition that giving 60-day notice is the sole exhaustion requirement for an ESA claim; it also cites eight additional decisions purportedly holding that the 60-day notice requirements in othe... | {
"signal": "see",
"identifier": "924 F.Supp. 987, 987",
"parenthetical": "60-day notice in ESA citizen suit provision excuses plaintiffs from having to exhaust administrative remedies prescribed in agency's regulations",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any leg... | {
"signal": "see also",
"identifier": null,
"parenthetical": "recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different",
"sentence": "See, e.g., Wash. Toxics, 413 F.3d at 1033 (finding no “suggestion] of any legislative intent to require exhaustion of the FIFRA remedy b... | 4,232,278 | a |
Mr. Portlock does not cite any authority for his assertion that the lack of a complete date on the warrant renders it constitutionally infirm, nor has any been located. On the contrary, similar clerical errors and omissions have been held not to affect the validity of a search warrant. | {
"signal": "cf.",
"identifier": "127 F.2d 529, 530",
"parenthetical": "finding omission of date from copy of search warrant was trivial and harmless where original was properly dated",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant valid despite omission o... | {
"signal": "see",
"identifier": "808 F.2d 864, 866-67",
"parenthetical": "finding warrant valid despite omission of address of location to be searched and referring to such as \"a minor, technical omission\"",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant... | 9,190,102 | b |
Mr. Portlock does not cite any authority for his assertion that the lack of a complete date on the warrant renders it constitutionally infirm, nor has any been located. On the contrary, similar clerical errors and omissions have been held not to affect the validity of a search warrant. | {
"signal": "see",
"identifier": null,
"parenthetical": "rejecting claim that warrant was invalid where, due to clerical error, warrant reflected that it was issued on August 31 but executed on August 27",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant vali... | {
"signal": "cf.",
"identifier": "127 F.2d 529, 530",
"parenthetical": "finding omission of date from copy of search warrant was trivial and harmless where original was properly dated",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant valid despite omission o... | 9,190,102 | a |
Mr. Portlock does not cite any authority for his assertion that the lack of a complete date on the warrant renders it constitutionally infirm, nor has any been located. On the contrary, similar clerical errors and omissions have been held not to affect the validity of a search warrant. | {
"signal": "see",
"identifier": "195 F.Supp.2d 267, 274",
"parenthetical": "concluding that omission from warrant of reference to list of items to be seized was merely \"a clerical error that posed no real risk to legitimate privacy interests\"",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 8... | {
"signal": "cf.",
"identifier": "127 F.2d 529, 530",
"parenthetical": "finding omission of date from copy of search warrant was trivial and harmless where original was properly dated",
"sentence": "See, e.g., United States v. Bonner, 808 F.2d 864, 866-67 (1st Cir.1986) (finding warrant valid despite omission o... | 9,190,102 | a |
This is so even when there is an applicable non-delegable duty under state law. | {
"signal": "see",
"identifier": "121 F.3d 1438, 1438-40, 1442",
"parenthetical": "finding, in spite of the government's non-delegable duty to monitor the activities of independent contractors hired to dispose of hazardous waste under Florida law, that the Navy was free to delegate its safety responsibilities in ... | {
"signal": "see also",
"identifier": "711 F.3d 654, 659",
"parenthetical": "holding the FTCA exemption of liability for independent contractors preempts state law where it imposes non-delegable duties",
"sentence": "See also Berrien v. United States, 711 F.3d 654, 659 (6th Cir.2013) (holding the FTCA exemption... | 4,210,780 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see also",
"identifier": null,
"parenthetical": "18-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (19... | {
"signal": "see",
"identifier": null,
"parenthetical": "indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authorities",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary histor... | 1,297,336 | b |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authorities",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary histor... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension with conditional reinstatement for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 21, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | {
"signal": "see",
"identifier": null,
"parenthetical": "indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authorities",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary histor... | 1,297,336 | b |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authorities",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary histor... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authorities",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary histor... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "90-day suspension and public reprimand for violation of Standards 44 and 68",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authoriti... | {
"signal": "see also",
"identifier": null,
"parenthetical": "18-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (19... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "90-day suspension and public reprimand for violation of Standards 44 and 68",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authoriti... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension with conditional reinstatement for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "90-day suspension and public reprimand for violation of Standards 44 and 68",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authoriti... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 21, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "90-day suspension and public reprimand for violation of Standards 44 and 68",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authoriti... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see",
"identifier": null,
"parenthetical": "90-day suspension and public reprimand for violation of Standards 44 and 68",
"sentence": "See In re Benning, 270 Ga. 135 (508 SE2d 660) (1998) (indefinite suspension until Benning, who had no prior disciplinary history, responds to disciplinary authoriti... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "18-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (19... | 1,297,336 | b |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension with conditional reinstatement for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | 1,297,336 | a |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 21, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | 1,297,336 | b |
While we agree with the special master that Standards 44 and 68 have been violated by respondent and that violation of Standard 44 is punishable by disbarment, we do not believe that disbarment is the appropriate level of discipline for the violation in this case. We note that we previously have suspended attorneys fro... | {
"signal": "but see",
"identifier": null,
"parenthetical": "disbarred for violation of Standards 44 and 68, and disbarment rendered moot a second disciplinary action seeking an emergency suspension due to respondent's indictment on felony charges",
"sentence": "But see In re Keeble, 271 Ga. 623 (523 SE2d 563) ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "six-month suspension for violation of Standards 22, 44, and 68",
"sentence": "See also In the Matter of Voss, 272 Ga. 9 (525 SE2d 89) (2000) (18-month suspension for violation of Standards 22, 44, and 68); In re Gardner, 265 Ga. 482 (458 SE2d 355) (1... | 1,297,336 | b |
. Even had the trial court expressly found a physical and not a regulatory taking had occurred, this would be a conclusion of law subject to our de novo review. | {
"signal": "see also",
"identifier": "395 F.3d 1114, 1122",
"parenthetical": "summary judgment ruling that no regulatory taking occurred subject to de novo review",
"sentence": "See Mutschler v. City of Phoenix, 212 Ariz. 160, ¶¶ 8-9, 129 P.3d 71, 73 (App.2006) (reviewing de novo trial court's summary judgment... | {
"signal": "see",
"identifier": "212 Ariz. 160, ¶¶ 8-9",
"parenthetical": "reviewing de novo trial court's summary judgment on issue of taking",
"sentence": "See Mutschler v. City of Phoenix, 212 Ariz. 160, ¶¶ 8-9, 129 P.3d 71, 73 (App.2006) (reviewing de novo trial court's summary judgment on issue of taking)... | 4,056,043 | b |
. Even had the trial court expressly found a physical and not a regulatory taking had occurred, this would be a conclusion of law subject to our de novo review. | {
"signal": "see also",
"identifier": "395 F.3d 1114, 1122",
"parenthetical": "summary judgment ruling that no regulatory taking occurred subject to de novo review",
"sentence": "See Mutschler v. City of Phoenix, 212 Ariz. 160, ¶¶ 8-9, 129 P.3d 71, 73 (App.2006) (reviewing de novo trial court's summary judgment... | {
"signal": "see",
"identifier": "129 P.3d 71, 73",
"parenthetical": "reviewing de novo trial court's summary judgment on issue of taking",
"sentence": "See Mutschler v. City of Phoenix, 212 Ariz. 160, ¶¶ 8-9, 129 P.3d 71, 73 (App.2006) (reviewing de novo trial court's summary judgment on issue of taking); see ... | 4,056,043 | b |
Nevertheless, to file a brief after indicating that he would do Moreover, he failed to respond to the Government' dismiss his appeal for such failure. Under these circumstances, the BIA's dismissal of Zhao's appeal was proper. | {
"signal": "see",
"identifier": "317 F.3d 515, 515-16",
"parenthetical": "finding summary dismissal was proper where appellant failed to file a brief after indicating that he would do so, or to explain the reasons for such failure",
"sentence": "See Rioja, 317 F.3d at 515-16 (finding summary dismissal was prop... | {
"signal": "see also",
"identifier": "416 F.3d 1014, 1014",
"parenthetical": "finding that an appellant's failure to file a brief cannot be attributed to a deficiency in the BIA's notice procedures when counsel's actions clearly show that the failure was due to his oversight and error",
"sentence": "See Rioja,... | 2,979,339 | a |
Nevertheless, to file a brief after indicating that he would do Moreover, he failed to respond to the Government' dismiss his appeal for such failure. Under these circumstances, the BIA's dismissal of Zhao's appeal was proper. | {
"signal": "see also",
"identifier": "956 F.2d 193, 196-97",
"parenthetical": "finding that the BIA's dismissal of petitioner's appeal was justified when counsel was on notice that the failure to file a brief could result in summary dismissal but failed to file a brief or explain such failure",
"sentence": "Se... | {
"signal": "see",
"identifier": "317 F.3d 515, 515-16",
"parenthetical": "finding summary dismissal was proper where appellant failed to file a brief after indicating that he would do so, or to explain the reasons for such failure",
"sentence": "See Rioja, 317 F.3d at 515-16 (finding summary dismissal was prop... | 2,979,339 | b |
The court further declines to exercise its discretion, which it believes it possesses under Rule 4(m), to extend the time allowed for service of process, notwithstanding the fact that Mr. Hammad may be barred by the applicable statutes of limitations from reinsti-tuting his case following its dismissal. | {
"signal": "cf.",
"identifier": "45 F.3d 78, 78",
"parenthetical": "\"Rule 4(j) [now Rule 4(m) ] does not ... give the appellant a right to refile without the consequence of time defenses, such as the statute of limitations\"",
"sentence": "See Boley, supra, 123 F.3d at 759 (“The district court, of course, ret... | {
"signal": "see",
"identifier": "123 F.3d 759, 759",
"parenthetical": "\"The district court, of course, retains discretion to refuse to extend time, even if the statute of limitations has run\"",
"sentence": "See Boley, supra, 123 F.3d at 759 (“The district court, of course, retains discretion to refuse to ext... | 373,446 | b |
I disagree. A governmental officer's claim that a plaintiff is only seeking retrospective damages is not an affirmative defense.-' We have treated claims seeking retrospec-' five damages as being barred by immunity from suit--which implicates courts' subject matter jurisdiction--and dismissing the claims. | {
"signal": "see also",
"identifier": "354 S.W.3d 368, 379",
"parenthetical": "\"Because the Officers sought only retrospective relief, their declaratory judgment claims must be dismissed.\"",
"sentence": "See Heinrich, 284 S.W.3d at 380 (“[Heinrich’s] claims for prospective declaratory and injunctive relief ag... | {
"signal": "see",
"identifier": "284 S.W.3d 380, 380",
"parenthetical": "\"[Heinrich's] claims for prospective declaratory and injunctive relief against -the Board members and the mayor in their official capacities may go forward, but we dismiss her retrospective claims against them.\"",
"sentence": "See Heinr... | 12,177,597 | b |
Quade contends that equitable estoppel excuses him from having to personally serve a notice of 61aim on defendants. This argument fails for two reasons. First, Quade did not raise this argument in the district court. | {
"signal": "see",
"identifier": "194 F.3d 1045, 1052",
"parenthetical": "\"As a general rule, we will not consider arguments that are raised for the first time on appeal.\"",
"sentence": "See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“As a general rule, we will not consider arguments that are raised... | {
"signal": "see also",
"identifier": "202 F.3d 1170, 1176",
"parenthetical": "equitable estoppel \"focuses primarily on the actions taken by the defendant in preventing a plaintiff from filing suit\"",
"sentence": "See Gorman v. Pima County, 230 Ariz. 506, 287 P.3d 800, 804-05 (Ct. App. 2012) (elements of equi... | 12,404,498 | a |
The AFTE itself publishes within the field of toolmark and firearms identification. | {
"signal": "see",
"identifier": "2007 WL 485967, at *8",
"parenthetical": "\"The fact that articles submitted to the AFTE Journal are subject to peer review weighs strongly in favor of admission.\"",
"sentence": "See Diaz, 2007 WL 485967, at *8 (“The fact that articles submitted to the AFTE Journal are subject... | {
"signal": "see also",
"identifier": "849 F.Supp.2d 433, 433",
"parenthetical": "noting AFTE Journal's formal process for the submission of articles",
"sentence": "See Diaz, 2007 WL 485967, at *8 (“The fact that articles submitted to the AFTE Journal are subject to peer review weighs strongly in favor of admis... | 4,307,440 | a |
The AFTE itself publishes within the field of toolmark and firearms identification. | {
"signal": "see also",
"identifier": "663 F.Supp.2d 1176, 1176",
"parenthetical": "finding the peer review factor \"clearly weighs in favor of admissibility\"",
"sentence": "See Diaz, 2007 WL 485967, at *8 (“The fact that articles submitted to the AFTE Journal are subject to peer review weighs strongly in favo... | {
"signal": "see",
"identifier": "2007 WL 485967, at *8",
"parenthetical": "\"The fact that articles submitted to the AFTE Journal are subject to peer review weighs strongly in favor of admission.\"",
"sentence": "See Diaz, 2007 WL 485967, at *8 (“The fact that articles submitted to the AFTE Journal are subject... | 4,307,440 | b |
MThe court held that "until judgment is rendered in which some disposition is made of the child under Section 211.181, there is no final appealable judgment." | {
"signal": "see",
"identifier": "381 S.W.3d 393, 393-94",
"parenthetical": "appeal dismissed on basis that \"absent an order of disposition concerning [the juvenile], there is no final, appealable judgment or order\"",
"sentence": "See, e.g., M.P.R., 381 S.W.3d at 393-94 (appeal dismissed on basis that “absent... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"the adjudication order was not ap-pealable until the dispositional hearing ... and the judgment thereafter\"",
"sentence": "See also O.J.B., 436 S.W.3d at 730 n. 2 (noting that “the adjudication order was not ap-pealable until the dispo... | 6,886,104 | a |
MThe court held that "until judgment is rendered in which some disposition is made of the child under Section 211.181, there is no final appealable judgment." | {
"signal": "see",
"identifier": "35 S.W.3d 497, 505",
"parenthetical": "a finding of jurisdiction that \"simply affirmed the ... previous order placing [child] in protective custody pending a disposition hearing,\" is not a final judgment for purposes of appeal",
"sentence": "See, e.g., M.P.R., 381 S.W.3d at 3... | {
"signal": "see also",
"identifier": null,
"parenthetical": "noting that \"the adjudication order was not ap-pealable until the dispositional hearing ... and the judgment thereafter\"",
"sentence": "See also O.J.B., 436 S.W.3d at 730 n. 2 (noting that “the adjudication order was not ap-pealable until the dispo... | 6,886,104 | a |
Moreover, any diminution in the originals' value is justified because of the importance of excising this information to protect the privacy interests of the victims and intended victims. | {
"signal": "see",
"identifier": "154 F.3d 930, 932",
"parenthetical": "upholding partial redaction of Kaczynski's psychiatric and competency reports, because court properly balanced privacy interests versus public right to know",
"sentence": "See, e.g., United States v. Kaczynski, 154 F.3d 930, 932 (9th Cir.19... | {
"signal": "cf.",
"identifier": "217 F.3d 1168, 1173",
"parenthetical": "discussing privacy interests of survivors under Freedom of Information Act",
"sentence": "See, e.g., United States v. Kaczynski, 154 F.3d 930, 932 (9th Cir.1998) (upholding partial redaction of Kaczynski’s psychiatric and competency repor... | 5,750,974 | a |
There is one additional aspect of the fraud analysis that the district court did not address. If the declarant subjectively believes the applicant has a superior right to use the mark, there is no fraud, even if the declarant was mistaken. | {
"signal": "see",
"identifier": "580 F.3d 1246, 1246",
"parenthetical": "\"There is no fraud if a false misrepresentation is occasioned by an honest misunderstanding or inadvertence without a willful intent to deceive.\"",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentation... | {
"signal": "see also",
"identifier": "119 F.3d 1236, 1241",
"parenthetical": "\"[A] valid trademark registration requires only that the registrant 'believe' himself to be the owner of the mark.\" (quoting 15 U.S.C. SS 1051",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentati... | 3,646,327 | a |
There is one additional aspect of the fraud analysis that the district court did not address. If the declarant subjectively believes the applicant has a superior right to use the mark, there is no fraud, even if the declarant was mistaken. | {
"signal": "see",
"identifier": "522 F.3d 1211, 1211",
"parenthetical": "\"There is no fraud if a false misrepresentation is occasioned by an honest misunderstanding or inadvertence without a willful intent to deceive.\"",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentation... | {
"signal": "see also",
"identifier": "119 F.3d 1236, 1241",
"parenthetical": "\"[A] valid trademark registration requires only that the registrant 'believe' himself to be the owner of the mark.\" (quoting 15 U.S.C. SS 1051",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentati... | 3,646,327 | a |
There is one additional aspect of the fraud analysis that the district court did not address. If the declarant subjectively believes the applicant has a superior right to use the mark, there is no fraud, even if the declarant was mistaken. | {
"signal": "see",
"identifier": "724 F.2d 1545, 1545",
"parenthetical": "rejecting a defendant's fraud claim where the plaintiff was the \"senior use[r] of th[e] term\"",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentation is occasioned by an honest misunderstanding or inad... | {
"signal": "see also",
"identifier": "119 F.3d 1236, 1241",
"parenthetical": "\"[A] valid trademark registration requires only that the registrant 'believe' himself to be the owner of the mark.\" (quoting 15 U.S.C. SS 1051",
"sentence": "See Bose, 580 F.3d at 1246 (“There is no fraud if a false misrepresentati... | 3,646,327 | a |
If a defendant objects to the declaration of a mistrial, a mistrial must be manifestly necessary for the defendant to be retried or risk violating double jeopardy principles. Manifest necessity analysis generally requires a consideration of whether reasonable alternatives to a mistrial exist. | {
"signal": "see also",
"identifier": "6 L.Ed. 165, 165",
"parenthetical": "noting that trial judge should declare a mistrial over the defendant's objection \"under urgent circumstances, and for very plain and obvious causes\"",
"sentence": "Cornish v. State, 272 Md. 312, 322 A.2d 880, 886 (1974) (“[R]etrial is... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"[R]etrial is barred by the Fifth Amendment where reasonable alternatives to a mistrial, such as a continuance, are feasible and could cure the problem.\"",
"sentence": "Cornish v. State, 272 Md. 312, 322 A.2d 880, 886 (1974) (“[R]etrial is barred ... | 3,717,707 | b |
If a defendant objects to the declaration of a mistrial, a mistrial must be manifestly necessary for the defendant to be retried or risk violating double jeopardy principles. Manifest necessity analysis generally requires a consideration of whether reasonable alternatives to a mistrial exist. | {
"signal": "see also",
"identifier": "6 L.Ed. 165, 165",
"parenthetical": "noting that trial judge should declare a mistrial over the defendant's objection \"under urgent circumstances, and for very plain and obvious causes\"",
"sentence": "Cornish v. State, 272 Md. 312, 322 A.2d 880, 886 (1974) (“[R]etrial is... | {
"signal": "no signal",
"identifier": "322 A.2d 880, 886",
"parenthetical": "\"[R]etrial is barred by the Fifth Amendment where reasonable alternatives to a mistrial, such as a continuance, are feasible and could cure the problem.\"",
"sentence": "Cornish v. State, 272 Md. 312, 322 A.2d 880, 886 (1974) (“[R]et... | 3,717,707 | b |
A district court's "ability to review matters related to military discharges is limited, as military personnel decisions themselves lie outside the court's jurisdiction." | {
"signal": "see also",
"identifier": "12 F.Supp. 140, 140",
"parenthetical": "while \"courts do sometimes review the actions of military agencies, the Court's jurisdiction in this area is typically limited to challenges to procedures -- it does not extend to the merits of a promotion decision\"",
"sentence": "... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "Army decision to discharge and other \"underlying personnel actions\" were \"not reviewable\"",
"sentence": "Burt v. Winter, 503 F.Supp.2d 388, 390 (D.D.C.2007) (citing Piersall v. Winter, 435 F.3d 319, 321-22 (D.C.Cir.2006) (claims for retroactive ... | 4,265,862 | b |
Moreover, the fact that Nolasco was not present during the transfer of drugs to the officer is of little consequence to this analysis. | {
"signal": "see",
"identifier": "40 Mass.App.Ct. 534, 537",
"parenthetical": "concluding that there is no need for a defendant to be present at the scene of a crime throughout its occurrence",
"sentence": "See Commonwealth v. Lafayette, 40 Mass.App.Ct. 534, 537, 665 N.E.2d 1025 (1996) (concluding that there is... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the fact that the defendant did not handle the drugs is not dispositive of his involvement in drug dealing",
"sentence": "See Commonwealth v. Lafayette, 40 Mass.App.Ct. 534, 537, 665 N.E.2d 1025 (1996) (concluding that there is no need for a ... | 11,544,427 | a |
Moreover, the fact that Nolasco was not present during the transfer of drugs to the officer is of little consequence to this analysis. | {
"signal": "see",
"identifier": null,
"parenthetical": "concluding that there is no need for a defendant to be present at the scene of a crime throughout its occurrence",
"sentence": "See Commonwealth v. Lafayette, 40 Mass.App.Ct. 534, 537, 665 N.E.2d 1025 (1996) (concluding that there is no need for a defenda... | {
"signal": "cf.",
"identifier": null,
"parenthetical": "holding that the fact that the defendant did not handle the drugs is not dispositive of his involvement in drug dealing",
"sentence": "See Commonwealth v. Lafayette, 40 Mass.App.Ct. 534, 537, 665 N.E.2d 1025 (1996) (concluding that there is no need for a ... | 11,544,427 | a |
This evidence of controlled drug purchases on the subject site, a known informant's report of very recent drug activity on the premises, residents' efforts to bar police from the premises earlier on the day of the challenged search, and police observations of cash and drug paraphernalia on site shortly before seeking t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that torn bag corners and steel wool, which can serve as crack pipe filter, support probable cause",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that “ha... | {
"signal": "see",
"identifier": "701 F.3d 64, 74",
"parenthetical": "stating that \"hasty retreat\" into home on sight of police \"manifests guilt and may, in appropriate circumstances, transform suspicion into probable cause\"",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United State... | 3,630,550 | b |
This evidence of controlled drug purchases on the subject site, a known informant's report of very recent drug activity on the premises, residents' efforts to bar police from the premises earlier on the day of the challenged search, and police observations of cash and drug paraphernalia on site shortly before seeking t... | {
"signal": "see",
"identifier": "536 F.3d 113, 118",
"parenthetical": "stating that contraband or evidence of crime in plain view during \"circumscribed search may be used to establish probable cause to obtain a warrant to conduct a broader search\"",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. ... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that torn bag corners and steel wool, which can serve as crack pipe filter, support probable cause",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that “ha... | 3,630,550 | a |
This evidence of controlled drug purchases on the subject site, a known informant's report of very recent drug activity on the premises, residents' efforts to bar police from the premises earlier on the day of the challenged search, and police observations of cash and drug paraphernalia on site shortly before seeking t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that torn bag corners and steel wool, which can serve as crack pipe filter, support probable cause",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that “ha... | {
"signal": "see",
"identifier": "989 F.2d 69, 73",
"parenthetical": "recognizing controlled purchases as \"powerful corroborative evidence\" in determining probable cause",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that ... | 3,630,550 | b |
This evidence of controlled drug purchases on the subject site, a known informant's report of very recent drug activity on the premises, residents' efforts to bar police from the premises earlier on the day of the challenged search, and police observations of cash and drug paraphernalia on site shortly before seeking t... | {
"signal": "see also",
"identifier": null,
"parenthetical": "holding that torn bag corners and steel wool, which can serve as crack pipe filter, support probable cause",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that “ha... | {
"signal": "see",
"identifier": "758 F.2d 834, 838",
"parenthetical": "concluding that large amounts of unexplained cash supported probable cause for search warrant",
"sentence": "Illinois v. Gates, 462 U.S. at 238, 103 S.Ct. 2317; see United States v. Moreno, 701 F.3d 64, 74 (2d Cir.2012) (stating that “hasty... | 3,630,550 | b |
Defendants also fail to specify whether such alleged refill-request forms were part of the six "broadcasts" at issue in Plaintiffs proposed class, or if those forms contained the same language required to be included in the proposed class. Defendants' argument thus again evokes the Seventh Circuit's declination to let ... | {
"signal": "see",
"identifier": "2013 WL 66181, at *9",
"parenthetical": "finding commonality and adequacy requirements met where there was no evidence to support consent defense",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 (N.D. Ill. Jan. 4, 2013) (f... | {
"signal": "cf.",
"identifier": "2016 WL 25711, at *4-5",
"parenthetical": "finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181,... | 12,420,415 | a |
Defendants also fail to specify whether such alleged refill-request forms were part of the six "broadcasts" at issue in Plaintiffs proposed class, or if those forms contained the same language required to be included in the proposed class. Defendants' argument thus again evokes the Seventh Circuit's declination to let ... | {
"signal": "see",
"identifier": "289 F.R.D. 674, 687-88",
"parenthetical": "certifying class where asserted defense shared by putative class members -- but not named plaintiff -- was not viable",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 (N.D. Ill. J... | {
"signal": "cf.",
"identifier": "2016 WL 25711, at *4-5",
"parenthetical": "finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181,... | 12,420,415 | a |
Defendants also fail to specify whether such alleged refill-request forms were part of the six "broadcasts" at issue in Plaintiffs proposed class, or if those forms contained the same language required to be included in the proposed class. Defendants' argument thus again evokes the Seventh Circuit's declination to let ... | {
"signal": "cf.",
"identifier": "2016 WL 25711, at *4-5",
"parenthetical": "finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181,... | {
"signal": "see",
"identifier": "707 F.3d 1036, 1042",
"parenthetical": "certifying class where there was no evidence that named plaintiff or putative class members had consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 ... | 12,420,415 | b |
Defendants also fail to specify whether such alleged refill-request forms were part of the six "broadcasts" at issue in Plaintiffs proposed class, or if those forms contained the same language required to be included in the proposed class. Defendants' argument thus again evokes the Seventh Circuit's declination to let ... | {
"signal": "cf.",
"identifier": "2016 WL 25711, at *4-5",
"parenthetical": "finding adequacy requirement not met where there was sufficient indication that plaintiff expressly consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181,... | {
"signal": "see",
"identifier": "278 F.R.D. 389, 392-93",
"parenthetical": "certifying class where there was no evidence that putative class members had expressly consented to receiving communication",
"sentence": "CE Design, 637 F.3d at 728; see Savanna Group, Inc. v. Trynex, Inc., 2013 WL 66181, at *9 (N.D. ... | 12,420,415 | b |
It is also well-recognized that, in almost any claim involving motive, a defendant's state of mind is typically established by circumstantial evidence because of the difficulty in obtaining direct evidence of motive. In criminal cases, for example, where the burden of proof is considerably higher than in a Bivens suit,... | {
"signal": "see also",
"identifier": "748 F.2d 361, 362",
"parenthetical": "ruling that \"circumstantial evidence alone can sustain a guilty verdict and that to do so, circumstantial evidence need not remove every reasonable hypothesis except guilt\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298,... | {
"signal": "no signal",
"identifier": "924 F.2d 298, 303",
"parenthetical": "\"No distinction is made between direct and circumstantial evidence in evaluating the sufficiency of evidence supporting a guilty verdict.\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298, 303 (D.C.Cir.1991) (“No distinct... | 10,512,997 | b |
It is also well-recognized that, in almost any claim involving motive, a defendant's state of mind is typically established by circumstantial evidence because of the difficulty in obtaining direct evidence of motive. In criminal cases, for example, where the burden of proof is considerably higher than in a Bivens suit,... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"No distinction is made between direct and circumstantial evidence in evaluating the sufficiency of evidence supporting a guilty verdict.\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298, 303 (D.C.Cir.1991) (“No distinction is made bet... | {
"signal": "see also",
"identifier": "748 F.2d 361, 362",
"parenthetical": "ruling that \"circumstantial evidence alone can sustain a guilty verdict and that to do so, circumstantial evidence need not remove every reasonable hypothesis except guilt\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298,... | 10,512,997 | a |
It is also well-recognized that, in almost any claim involving motive, a defendant's state of mind is typically established by circumstantial evidence because of the difficulty in obtaining direct evidence of motive. In criminal cases, for example, where the burden of proof is considerably higher than in a Bivens suit,... | {
"signal": "see also",
"identifier": "748 F.2d 361, 362",
"parenthetical": "ruling that \"circumstantial evidence alone can sustain a guilty verdict and that to do so, circumstantial evidence need not remove every reasonable hypothesis except guilt\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298,... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "\"No distinction is made between direct and circumstantial evidence in evaluating the sufficiency of evidence supporting a guilty verdict.\"",
"sentence": "United States v. Lam Kwong-Wah, 924 F.2d 298, 303 (D.C.Cir.1991) (“No distinction is made bet... | 10,512,997 | b |
Similarly, it is difficult to imagine non-investigatory documents eligible for withholding under Exemption 7(E) that could pass through the Exemption 7 threshold under the district court's interpretation. Thus, were we to deny the application of Exemption 7 to generalized law enforcement documents simply because the go... | {
"signal": "see",
"identifier": "797 F.3d 759, 777-78",
"parenthetical": "upholding the FBI's withholding of documents containing law enforcement techniques for surveillance and credit searches under Exemption 7(E",
"sentence": "See Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 777-78 (9th Cir. 2015) (upholdi... | {
"signal": "see also",
"identifier": null,
"parenthetical": "analyzing a FOIA request for law enforcement techniques and guidelines under Exemption 7(E",
"sentence": "See Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 777-78 (9th Cir. 2015) (upholding the FBI’s withholding of documents containing law enforceme... | 12,275,272 | a |
Similarly, it is difficult to imagine non-investigatory documents eligible for withholding under Exemption 7(E) that could pass through the Exemption 7 threshold under the district court's interpretation. Thus, were we to deny the application of Exemption 7 to generalized law enforcement documents simply because the go... | {
"signal": "see also",
"identifier": null,
"parenthetical": "analyzing a FOIA request for law enforcement techniques and guidelines under Exemption 7(E",
"sentence": "See Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 777-78 (9th Cir. 2015) (upholding the FBI’s withholding of documents containing law enforceme... | {
"signal": "see",
"identifier": "797 F.3d 759, 777-78",
"parenthetical": "upholding the FBI's withholding of documents containing law enforcement techniques for surveillance and credit searches under Exemption 7(E",
"sentence": "See Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 777-78 (9th Cir. 2015) (upholdi... | 12,275,272 | b |
To be sure, a true claim of negligent supervision in this case might be a back-door attempt to raise a respondeat superior claim premised on an excepted act, as such claims typically depend on the employment relationship. | {
"signal": "see also",
"identifier": "141 F.Supp.2d 626, 629",
"parenthetical": "concluding that Fourth Circuit's pre-Sheridan decisions -- which barred negligent supervision claims premised on intentional acts of government employee -- continue to apply",
"sentence": "Schweizer v. Keating, 150 F.Supp.2d 830, ... | {
"signal": "no signal",
"identifier": "150 F.Supp.2d 830, 843",
"parenthetical": "\"Under Maryland law, liability for negligent supervision has arisen, almost exclusively, in cases involving master-servant relationships.\"",
"sentence": "Schweizer v. Keating, 150 F.Supp.2d 830, 843 (D.Md. 2001) (“Under Marylan... | 4,193,697 | b |
Under these cireumstances, we reject wife's premise that the time for filing the motion for review began to run on the date of mailing of the clarification. To preserve her right to appellate review, wife had to file the motion to review within fifteen days of the date of mailing of the operative order, which here was ... | {
"signal": "see",
"identifier": "910 P.2d 85, 88",
"parenthetical": "setting forth the time requirements under the prior rules for magistrates",
"sentence": "See In re Marriage of Talbott, supra; In re Marriage of McCord, 910 P.2d 85, 88 (Colo.App.1995)(setting forth the time requirements under the prior rules... | {
"signal": "cf.",
"identifier": "804 P.2d 279, 279-80",
"parenthetical": "in a criminal case, a motion filed after entry of the order challenged on appeal did not extend the time for filing notice of appeal with respect to the challenged order",
"sentence": "See In re Marriage of Talbott, supra; In re Marriage... | 11,391,988 | a |
"Possibility is not enough." Evidence that disability " 'may be due' " to an industrial accident "is not sufficient." | {
"signal": "no signal",
"identifier": "141 S.E. 134, 134",
"parenthetical": "alleged causal connection between injury to a hand and palsy",
"sentence": "Old Dominion Co. at 337, 141 S.E. at 134 (alleged causal connection between injury to a hand and palsy)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "alleged causal connection between injury to leg and cardiac arrest",
"sentence": "See also Eccon Company v. Lucas, 221 Va. 786, 273 S.E.2d 797 (1981) (alleged causal connection between injury to leg and cardiac arrest)."
} | 2,074,622 | a |
"Possibility is not enough." Evidence that disability " 'may be due' " to an industrial accident "is not sufficient." | {
"signal": "no signal",
"identifier": "141 S.E. 134, 134",
"parenthetical": "alleged causal connection between injury to a hand and palsy",
"sentence": "Old Dominion Co. at 337, 141 S.E. at 134 (alleged causal connection between injury to a hand and palsy)."
} | {
"signal": "see also",
"identifier": null,
"parenthetical": "alleged causal connection between injury to leg and cardiac arrest",
"sentence": "See also Eccon Company v. Lucas, 221 Va. 786, 273 S.E.2d 797 (1981) (alleged causal connection between injury to leg and cardiac arrest)."
} | 2,074,622 | a |
The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer. | {
"signal": "see also",
"identifier": "548 F.3d 179, 187-188",
"parenthetical": "two men walking single-file behind a third off a sidewalk onto a dark wooded path at night appeared to be readying themselves for potential robbery or drug deal",
"sentence": "See also United States v. Padilla, 548 F.3d 179, 187-18... | {
"signal": "no signal",
"identifier": "534 U.S. 275, 275-276",
"parenthetical": "driver's slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with \"methodical\" waving to the officer by child passengers raised reasonable suspicion for an experienced b... | 4,011,998 | b |
The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer. | {
"signal": "no signal",
"identifier": "534 U.S. 275, 275-276",
"parenthetical": "driver's slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with \"methodical\" waving to the officer by child passengers raised reasonable suspicion for an experienced b... | {
"signal": "but cf.",
"identifier": "428 F.3d 38, 41",
"parenthetical": "\"It is simply not reasonable to infer that a driver is armed and dangerous because the officers believe that he appears nervous and reaches toward the car's console when approached by police, even in a high-crime neighborhood.\"",
"sente... | 4,011,998 | a |
The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer. | {
"signal": "see also",
"identifier": "548 F.3d 179, 187-188",
"parenthetical": "two men walking single-file behind a third off a sidewalk onto a dark wooded path at night appeared to be readying themselves for potential robbery or drug deal",
"sentence": "See also United States v. Padilla, 548 F.3d 179, 187-18... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "driver's slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with \"methodical\" waving to the officer by child passengers raised reasonable suspicion for an experienced border patrol agent"... | 4,011,998 | b |
The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer. | {
"signal": "but cf.",
"identifier": "428 F.3d 38, 41",
"parenthetical": "\"It is simply not reasonable to infer that a driver is armed and dangerous because the officers believe that he appears nervous and reaches toward the car's console when approached by police, even in a high-crime neighborhood.\"",
"sente... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "driver's slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with \"methodical\" waving to the officer by child passengers raised reasonable suspicion for an experienced border patrol agent"... | 4,011,998 | b |
The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer. | {
"signal": "see also",
"identifier": "548 F.3d 179, 187-188",
"parenthetical": "two men walking single-file behind a third off a sidewalk onto a dark wooded path at night appeared to be readying themselves for potential robbery or drug deal",
"sentence": "See also United States v. Padilla, 548 F.3d 179, 187-18... | {
"signal": "but cf.",
"identifier": "428 F.3d 38, 41",
"parenthetical": "\"It is simply not reasonable to infer that a driver is armed and dangerous because the officers believe that he appears nervous and reaches toward the car's console when approached by police, even in a high-crime neighborhood.\"",
"sente... | 4,011,998 | a |
The trial court granted the motion for directed verdict at the close of the plaintiff's evidence because "there is no evidence that this event is something of the kind that ordinarily doesn't occur in the absence of someone's negligence." Appellant argues that she met that burden here, citing several cases which hold t... | {
"signal": "no signal",
"identifier": null,
"parenthetical": "child's foot was caught in the escalator as she rode down",
"sentence": "Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483 A.2d at 329 (w... | {
"signal": "see also",
"identifier": "483 A.2d 329, 329",
"parenthetical": "woman fell after her sandal was caught in the escalator",
"sentence": "Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483 A.... | 7,358,750 | a |
The trial court granted the motion for directed verdict at the close of the plaintiff's evidence because "there is no evidence that this event is something of the kind that ordinarily doesn't occur in the absence of someone's negligence." Appellant argues that she met that burden here, citing several cases which hold t... | {
"signal": "no signal",
"identifier": "404 P.2d 248, 250",
"parenthetical": "child's foot was caught in the escalator as she rode down",
"sentence": "Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483... | {
"signal": "see also",
"identifier": "483 A.2d 329, 329",
"parenthetical": "woman fell after her sandal was caught in the escalator",
"sentence": "Sá-neme v. J.C. Penney Co., 17 Utah 2d 46, 404 P.2d 248, 250 (1965) (child’s foot was caught in the escalator as she rode down); see also Bell, supra note 3, 483 A.... | 7,358,750 | a |
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